A Chinese registration is not a static asset. It changes hands, it gets licensed, and the owner's name and address change with it. Each of those events has a recordal (备案) procedure, and while each is inexpensive, skipping one creates problems that only surface years later — usually at the worst possible moment.

This article covers the three recordals that matter most to a foreign brand owner: assignment, licence, and change of particulars — what each costs, how long each takes, and what goes wrong when they are neglected.

Why recordals are not optional bookkeeping

Two rules explain why these filings carry more weight than their fees suggest.

1. An unrecorded licence cannot be asserted against a good-faith third party. Under Article 43 of the China Trademark Law, a licensor must record the licence with CNIPA, and a licence that has not been recorded cannot be used against a bona fide third party. The licence agreement itself remains valid between the parties — the defect is one of opposability, not validity. In practice: a licensee with an unrecorded licence has limited standing against someone who later acquires conflicting rights, and an exclusive licensee may be unable to enforce at all.

2. An unrecorded transfer leaves the register showing the wrong owner. Assignment in China takes effect on recordal by CNIPA; the register entry, not the contract, is what the world sees. Until the recordal is approved, the seller remains the registered proprietor — which means the seller can still be treated as the owner for enforcement, renewal and further dealings.

There is also a compliance overlay: licences that are not recorded are a listed compliance deficiency, and a licensee that fails to mark the licensed goods with the licensee's name and place of origin can be ordered to stop sales, with fines of up to RMB 100,000 for continued non-compliance.

Assignment (转让备案)

What it is. Transfer of ownership of a registration from one party to another.

Who files. Both the transferor and the transferee — the application is filed jointly, not by one side.

Key rule — the marks must move together. Under Article 31 of the Implementing Regulations, where a registrant assigns a mark, the same or similar marks registered on the same or similar goods must be assigned together. You cannot peel off the mark you want to sell and keep the confusingly similar one. This catches foreign owners selling a Chinese name to a local partner while retaining the Latin mark in the same classes — CNIPA will require the related marks to be included.

Also required: where a mark is assigned, any licence already recorded against it must be dealt with — the existing licensee's position does not disappear on transfer, and CNIPA will look at recorded licences.

Official fee. RMB 450 per class electronic, RMB 500 paper.

Typical processing time. About two to three months.

Practical points.

  • Structure payment against recordal. Since the transfer is only effective on CNIPA's approval, make completion of the recordal a condition of payment, rather than paying against signature of the agreement.
  • Check the goods specification before you buy. A purchased registration is worth what its specification covers. A mark bought for e-commerce "in the same class" may still miss the items you need, and the specification cannot be widened by assignment — you would have to file a fresh application.
  • Confirm the seller has no unused-registration exposure. A mark you buy that has not been used for three consecutive years carries the non-use cancellation risk with it. A recent-use record is worth asking for.

Licence recordal (许可备案)

What it is. Recording a trademark licence agreement, whether exclusive, sole or non-exclusive.

Who files. The licensor records the licence. Under Article 69 of the Implementing Regulations, the licensor must record it within the term of the licence agreement and submit materials stating the licensor, the licensee, the licence period, the type of licence and the goods or services covered.

Why the type matters. The licence type — exclusive (独占), sole (排他) or non-exclusive (普通) — determines what the licensee can do if the mark is infringed. An exclusive licensee generally has the strongest standing to act, including independently in some circumstances; a non-exclusive licensee's position is materially weaker. If you are taking or granting a licence with any expectation of enforcement, the type should be drafted deliberately and recorded accurately.

Official fee. RMB 135 per class electronic, RMB 150 paper.

Typical processing time. About one to two months.

Practical points.

  • Record it even where the licence is intra-group. Foreign groups routinely license their mark from a holding company to the Chinese operating subsidiary and leave it unrecorded because the relationship feels internal. It stops being internal the moment there is a creditor, an insolvency, or a third party claiming rights.
  • Record the licence in the classes you actually use. Recordal is per class; a licence covering five classes needs coverage recorded in all five.
  • Remember the marking obligation. Goods made under licence must carry the licensee's name and place of production. This is a compliance item as well as an evidentiary one.

Change of particulars (变更)

What it is. Updating the register when the registrant's name or address changes.

Who files. The registrant.

Official fee. Free for an online filing; RMB 150 per filing on paper. This is the cheapest recordal and the easiest to defer — which is exactly why it is so often missed.

Why it matters more than the fee suggests.

  • Renewal and office correspondence go to the address on the register. A mark whose owner has moved, and whose register entry has not, is at risk of losing notices — including renewal reminders.
  • Enforcement and customs recordal depend on the registered proprietor's details matching the real entity.
  • Discrepancies trigger office actions. Where the name on the application does not match the register, CNIPA will require the change to be made first, adding a step and delay to whatever you were trying to do.
  • The requirement is mandatory, not optional. A change of name or address must be recorded; it is not a matter of choice.

Practical points.

  • Change of name is not change of owner. A rebrand of the corporate entity, a merger, or a redomiciliation may require a change recordal in some cases and an assignment in others — the distinction matters, particularly for cross-border group reorganisations, because a change of name does not transfer rights while an assignment does.
  • Bundle it with other filings. Where you are filing new applications or renewing anyway, resolve the name or address discrepancy at the same time to avoid it surfacing as a deferral later.

The numbers side by side

  • Assignment: RMB 450 per class electronic / 500 paper. Filed jointly by both parties. Approx. 2-3 months.
  • Licence recordal: RMB 135 per class electronic / 150 paper. Filed by the licensor, within the licence term. Approx. 1-2 months.
  • Change of name or address: free online / RMB 150 paper. Approx. 1 month.
  • Renewal, for reference: RMB 450 per class electronic / 500 paper, every ten years, plus RMB 225/250 if filed in the grace period.

All are per class and charged accordingly. None is expensive at the official level; the cost of a missed recordal is measured in enforcement problems, not fees.

Treat recordals as portfolio events

The failure pattern is always the same: the commercial event happens — the group restructures, the mark is sold, the entity moves office — and the register is not updated, because nobody connects the transaction to the trademark filing.

Three habits prevent it:

1. Give the register entry an owner. The registered proprietor details should be checked against reality at the same time as the renewal calendar is reviewed. A corporate reorganisation should trigger a trademark recordal task automatically.

2. Sequence assignments properly. Agreement, recordal application, CNIPA approval, then payment. Paying before the recordal is approved means paying for a transfer that has not happened.

3. Record licences at the point of signature. The licence term is the window; leaving the recordal until there is a dispute to enforce removes most of its value.

Frequently asked questions

What is trademark recordal in China?

Recordal (备案) is the filing that updates the CNIPA register when a trademark changes hands, is licensed, or the owner's name or address changes. The register entry is what third parties and CNIPA rely on, so a commercial event that is not recorded leaves the register showing the wrong position.

How much does it cost to record a trademark assignment in China?

RMB 450 per class for an electronic filing and RMB 500 per class on paper. The application is filed jointly by the transferor and the transferee, and usually takes two to three months to process.

Can a trademark licence be enforced in China without recordal?

A licence agreement is valid between the parties without recordal, but under Article 43 of the China Trademark Law a licence that has not been recorded cannot be asserted against a good-faith third party. In practice an unrecorded licence substantially weakens the licensee's ability to act against conflicting rights.

How much does licence recordal cost in China?

RMB 135 per class for an electronic filing and RMB 150 per class on paper, with a typical processing time of one to two months. The licensor files the recordal within the term of the licence agreement.

Can I assign a Chinese trademark without transferring my similar marks?

No. Under Article 31 of the Implementing Regulations, the same or similar marks registered on the same or similar goods must be assigned together. You cannot retain a confusingly similar mark in the same classes while assigning another.

Is it necessary to record a change of company name or address in China?

Yes, it is mandatory. The fee is nil for an online filing (RMB 150 on paper), and the consequence of not recording it is that renewal notices, official correspondence and enforcement steps are directed to the wrong entity or sent to an out-of-date address.

When does a Chinese trademark assignment take effect?

On recordal by CNIPA, not on signature of the agreement. Until the recordal is approved, the transferor remains the registered proprietor, which is why payment should be structured against completion of the recordal.

Related reading

Changing the owner of a Chinese registration, recording a licence, or catching up on an out-of-date register entry? We handle CNIPA recordals for foreign brand owners.